June 23, 2014 - The U.S. Department of
Transportation’s Federal Aviation Administration
(FAA) today published a Federal Register notice
on its interpretation of the statutory special
rules for model aircraft in the FAA
Modernization and Reform Act of 2012. The
guidance comes after recent incidents involving
the reckless use of unmanned model aircraft near
airports and involving large crowds of people.

Compliance with these rules for model aircraft
operators has been required since the Act was
signed on February 14, 2012, and the explanation
provided today does not change that fact.

The FAA is issuing the notice to provide clear
guidance to model operators on the “do’s
and don’ts” of flying safely in accordance
with the Act and to answer many of the questions
it has received regarding the scope and
application of the rules.

“We want people who fly model aircraft for
recreation to enjoy their hobby – but to enjoy
it safely,” said Transportation Secretary
Anthony Foxx. “At DOT, we often say that safety
is a shared responsibility, so to help, we are
providing additional information today to make
sure model aircraft operators know exactly
what’s expected of them.”

In the notice, the FAA restates the law’s
definition of “model aircraft,” including
requirements that they not interfere with manned
aircraft, be flown within sight of the operator
and be operated only for hobby or recreational
purposes. The agency also explains that model
aircraft operators flying within five miles of
an airport must notify the airport operator and
air traffic control tower.

The FAA reaffirms that the Act’s model aircraft
provisions apply only to hobby or recreation
operations and do not authorize the use of model
aircraft for commercial operations. The notice
gives examples of hobby or recreation flights,
as well as examples of operations that would not
meet that definition.

“We have a mandate to protect the American
people in the air and on the ground, and the
public expects us to carry out that mission,”
said FAA Administrator Michael Huerta.

The law is clear that the FAA may take enforcement
action against model aircraft operators who operate
their aircraft in a manner that endangers the safety of
the national airspace system. In the notice, the FAA
explains that this enforcement authority is designed to
protect users of the airspace as well as people and
property on the ground.

The FAA will be working with its inspectors and model
aircraft operators across the country to ensure they
give standard information to the public on how to
satisfy these statutory requirements and avoid
endangering the safety of the nation’s airspace.

The
FAA is also developing a plan to work with the law
enforcement community to help them understand the FAA’s
rules for unmanned aircraft systems, as well as the
special statutory rules for model aircraft operators, so
they can more effectively protect public safety.